Peace Officers Neglect in Riot Situation (s. 69) Charges in Canada: Offences, Defences, Punishments

What is a peace officer neglect in riot situation charge?

Peace officer neglect in a riot situation is covered under s. 69 of the Criminal Code found in Part II. Part II covers “Offences Against Public Order.”

A peace officer neglect in riot situation charge occurs when a peace officer, without reasonable excuse, fails to take all reasonable steps to supress a riot after receiving notification of this riot in their jurisdiction. S. 64 of the Criminal Code defines a riot as an unlawful assembly that has begun to disturb the peace tumultuously.

Peace officer neglect in a riot situation is a hybrid offence with Crown election. This means that depending on the circumstances of your case, the Crown can elect to proceed by indictment or summarily. If an accused is prosecuted by indictment, there is a Defence election of court under s. 536(2.1) of the Criminal Code.

Examples

Some examples of a peace office neglect in riot situation charge may include the following:

• A peace officer fails to call for backup when required in a riot situation;
• A peace officer fails to apprehend someone engaging in a riot; and
• A peace officer allows a riot situation to continue without intervening.

Defences

The defences available for a peace officer neglect in riot situation charge are entirely dependent on the facts of your case.

However, some defences to a peace officer neglect in riot situation charge may include:

• The accused had a reasonable excuse for why they did not supress the riot;
• The accused received no notice of the riot situation;
• The accused’s charter rights were violated; and
• There was not a riot situation.

Punishments

A peace officer neglect in riot situation charge is a hybrid offence, which entails a maximum punishment as follows:

• Imprisonment for a term not exceeding 2 years.

Punishments for peace officer neglect in riot situation depend on if the Crown elects to pursue the charge as an indictable offence or summarily. There are no mandatory minimum penalties for this offence. The maximum is no more than 2 years of incarceration if prosecuted by indictment. If prosecuted summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.

An escape from lawful custody charge can also entail severe consequences for current and future employment opportunities and immigration status.

Overview of the Offence 

According to s. 69 of the Criminal Code:

The Guilty Act (Actus Reus)

The actus reus for a peace officer neglect in riot situation charge under s.69 is established by proof, beyond a reasonable doubt, of the following:

• The accused is a peace officer;
• The accused receives notice of a riot; and
• The accused fails to take all reasonable steps to supress the riot.

The Guilty Mind (Mens Rea)

The mens rea for an peace officer neglect in riot situation charge under s. 69 include proving, beyond a reasonable doubt, that:

• The accused knowingly fails to take steps to supress a riot; and
• The accused had no lawful execute for failing to supress the riot.

Defences

How to Beat a Peace Officer Neglect in Riot Situation Charge

Every case is different. The availability and strength of any defence depend entirely on the specific facts of your case. The strength of any available defence rests on the evidence against you and the precise details of the allegations. However, the following are some common defences that may be used when fighting a peace officer neglect in riot situation charge:

Not a Riot Situation

A peace officer neglect in riot situation charge requires that a riot is occurring. A riot is defined in Section 64 of the Criminal Code as an unlawful assembly that has begun to disturb the peace tumultuously. If you can prove that the assembly in question was not unlawful or that the assembly did not disturb the peace tumultuously, you could argue that a riot was not occurring, and thus that the charge is not applicable.

Reasonable Excuse

Peace officer neglect in a riot situation requires that the accused had no reasonable excuse for failing to suppress a riot situation. If you had a reasonable excuse for failing to suppress a riot, the Crown would be unable to prove one of the essential elements of the offence, which would prevent them from finding you guilty beyond a reasonable doubt.

No Notice

Peace officer neglect in a riot situation requires that the accused had notice that a riot situation was occurring. If you can prove that you did not receive notice that there was a riot situation, the Crown would be unable to prove one of the essential elements of the offence, which would prevent them from finding you guilty beyond a reasonable doubt.

Any applicable Charter defences

The Charter sets out your rights and freedoms before and after your arrest. If the police fail to abide by these rights deliberately or inadvertently, it could aid in your defence. If any of your Charter rights have been violated before or after your arrest, you may be able to have some or all of the evidence that the Crown is relying on to secure a conviction excluded under s. 24(2) of the Charter.

Punishments

The Criminal Code provides for a possible maximum term of imprisonment of no more than 2 years for those convicted of a neglect in riot situation charge. If the Crown proceeds summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.

Persons found guilty of neglect in riot situation are eligible for sentencing entailing a discharge, suspended sentence, stand-alone fine, custody, custody with a fine or probation or a conditional sentence order.

Frequently Asked Questions  

What is the punishment for peace officer’s neglect in riot situations?

If you are found guilty of a peace officer neglect in riot situations charge, your punishment will vary depending on whether the Crown proceeds summarily or by indictment. If the Crown proceeds by indictment, a peace officer neglect in riot situations charge carries a maximum sentence of no more than two years in jail. If the Crown proceeds summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine.

What are the obligations of a peace officer during a riot?

There are various obligations for a peace officer during a riot that are outlined in the Criminal Code. Section 32 of the Criminal Code states that Peace Officers are justified in using or ordering force to supress a riot if the use of force is necessary to supress the riot and is not excessive having regard to the danger apprehended from the continuance of the riot. Section 33 of the Criminal Code states that when rioters do not disperse, a peace officer has a lawful duty to disperse or arrest those who are not complying.

Can you go to jail for the offence peace officer’s neglect in riot situations?

If you are found guilty of peace officer’s neglect in riot situations, you can go to jail. If the Crown proceeds by indictment, a peace officer neglect in riot situations charge carries a maximum sentence of no more than two years in jail. If the Crown proceeds summarily, If prosecuted summarily, the maximum punishment is no more than 6 months of incarceration and/or a $5,000 fine. Therefore, there is a possibility that you can go to jail for a peace officer neglect in riot situations charge.

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